Legal Relationships at Whitsunday Terraces Resort

The owners of all the individual Lots make up jointly the Whitsunday Terraces Body Corporate. The owners vote for a volunteer Body Corporate committee to operate on their behalf. Repairs, maintenance and letting are handled the Resort Manager. The bar and restaurant are a separate business.

Booking Accommodation at Whitsunday Terraces

This web site is intended for Body Corporate owners of apartments in Whitsunday Terraces, not for potential guests. Make room bookings for accommodation at Whitsunday Terraces Resort, Airlie Beach, overlooking the Coral Sea, at the Resort Manager's web site.

Body Corporate

The formal name of the scheme is Whitsunday Terraces Community Titles Scheme 28662. According to the Body Corporate and Community Management Act 1997 (BCCM) the members of the body corporate for a community titles scheme are the owners of all Lots included in the scheme.

The Whitsunday Terraces Body Corporate committee are Lot owners who volunteer who act on behalf of the owners of all the Lots. Most Body Corporate committees for larger schemes contract the handling of administrative, accounting and secretarial duties to a professional Body Corporate Manager such as Strata Vision Group Body Corporate Management (as at March 2011).

In my view, a major impediment to proper operation of a Body Corporate is a lack of resident owners volunteering for committee duties.

Resort Management

The day to day operation of the business of letting rooms and maintaining the Whitsunday Terraces resort is handled by the Resort Manager, who holds the Letting agreement and also the Caretaking agreement. The letting agent has an exclusive right to make on-site lettings of lots. The caretaker handles cleaning, gardening and maintenance, as per the Caretaking agreement. The two agreements are bound together, so the same entity holds both contracts, and is responsible for fulfilling both contracts.

Copies of the Letting and the Caretaking agreements were forwarded to all Lot owners at the time AquaVista sold their rights to Q Resorts around April 2008. These agreements carry forward for each new purchaser of the management rights. Island Resorts are the new management rights owners as at 19 August 2011.

Letting or Rental of Lots

As the Letting agent has exclusive on-site letting rights, and unlike real estate agents are on hand on the property, many owners sensibly use the Resort Manager. However owners can contract with whoever they like regarding the letting of their Lot.

Any agreement between a Lot owner and the Resort Management is not subject to Body Corporate committee oversight or review. Letting is a private arrangement between Lot owners and Letting agents.

This said, some Body Corporate committee members have arranged to use the Resort Manager for letting their Lot. In this case, they will be aware of the terms and conditions of their own contract, and may be able to provide general advice. Their letting contract may not be the same as the contract another Lot owner has agreed to.

Owners of Lots still remain responsible for ensuring their tenants comply with the bylaws. Failure to do so can result in costs to Lot owners if contractors are required to remedy problems caused by tenants in breech of bylaws. For example, removal of rubbish or damage to common property caused by a tenant.

Restaurant and Bar

The restaurant and bar are also Lots in the Scheme. They are operated as a private business by the owner, or by agents for the owner, of the relevant Lot. They are not operated or controlled by either the Body Corporate or the Resort Manager. They make their own decisions as to operating hours and features.